3 Types of Product Liability Claims from A Product Liability Lawyer Longwood, FL Trusts
Much like other types of personal injury claims, product liability claims can fall into different categories. The type of product liability claim that you have will affect the evidence you’ll need to provide in order to prove fault. If you have encountered any of the following situations, you’ll want to contact a product liability lawyer in Longwood, Florida at David & Philpot, PL right away.
Failure to Provide Adequate Warnings
This type of product liability claim pertains to the warning labels that are placed — or not placed — on products. The purpose of these labels is to explain the product’s proper use to consumers. For example, over-the-counter medications often come with lists of possible side effects and recommended dosages; toys with small parts may come with labels that warn of choking hazards for small children; certain everyday household products like cleaners in aerosol spray cans or nail polish usually warn users that the items are flammable.
If an individual fails to follow these warnings, misuses the product, and sustains an injury, then the individual is responsible. However, if a product did not contain an adequate warning for proper use and the individual unknowingly misused the product, then the manufacturer could be held liable for any resulting injuries.
Defective Product Design
In some cases, the problem with a defective product can be traced all the way back to its design. A successful liability case for a defective design will prove that even when the product is manufactured and used properly, something about the product is inherently dangerous. This type of product liability case often manifests in vehicle-related accidents where a part in the vehicle malfunctions and causes injury. If the same part causes the same problem in the same line of vehicles, a product liability lawyer will likely argue that the part was designed poorly.
When a company discovers that one of their product lines has been designed poorly, they often release a recall on that product to warn consumers about the risk. These recalls protect not only vulnerable consumers, but also the companies that sell products. If a consumer is aware of a product recall but continues to use the item and is injured because of it, the consumer might not have grounds for a product liability case.
Defective Product Manufacturing
If the product was designed properly but was manufactured incorrectly and causes an accident, this might constitute a defective product manufacturing claim. For example, if a vehicle part malfunctioned and caused an accident, but if it only occurred in a single instance, a Longwood, FL court might determine that the part was manufactured incorrectly.
How Do I Receive Compensation After Being Injured By a Faulty Product?
If you have been injured by a defective product, you are probably wondering how you can be compensated for your medical bills, pain and suffering, and a variety of other damages.
Compensation After Using a Defective Product
In order to collect damages in a product liability case, your product liability lawyer in Longwood, FL must prove that at some point in the design, manufacturing and marketing of his product, someone was negligent and their negligence caused your injuries. There are three different types of defects that can cause injury and result in a product liability case.
Warning Defects occur because of the way that the product is marked. For example, if a medication does not list all of its side effects.
Design Defects occur when a product is designed in a dangerous way, even if it ends up being manufactured and used safely. For example, if the design of step stool is defective, it may look like a perfectly functioning step stool, but it was not designed to be strong enough to support the weight it is intended to support.
Manufacturing Defects occur when there is an error during the manufacturing process which then, in turn, makes the product dangerous to consumers. For example, if the step stool is manufactured with outdated parts or parts are attached incorrectly, and the product causes harm as a result, that is a manufacturing defect.
Some products cannot be made safer without losing their usefulness. For example, a dull set of knives will not cut your steak dinner. The consumer then assumes some risk in using the product. When it comes to products like these, manufacturers and suppliers must give proper warning so that consumers can make an informed decision.
If you have been injured by a defective product, you can potentially collect…
Compensatory damages are the economic and non economic costs of your injuries. Economic costs include lost income, disability costs, medical expenses and property damage. Non-economic costs include emotional distress, pain and suffering, mental anguish, and permanent disfigurement. It is far easier to prove economic damages than it is to prove non economic damages.
If you can demonstrate a complete and flagrant disregard for the safety of the consumers who are buying the product, it is possible that you can recover punitive damages. The punitive damages would be based on the following:
- Whether or not the manufacturer, designer or supplier was aware that there was a potential for harm in the product.
- Misconduct on behalf of the manufacturer, designer or supplier and how long the misconduct was occuring.
- Whether or not the the manufacturer, designer or supplier attempted to cover up the misconduct
- Whether the manufacturer, designer or supplier stopped their misconduct after it was made known.
- The profitability for the manufacturer, designer or supplier to participate in the misconduct.
Contact a Product Liability Lawyer in Longwood, FL for Help With Your Case
Are you suffering as a result of an injury caused by a defective product? Wondering if you have a case? If you’re looking for compensation, you should pick up the phone and call a product liability lawyer in Longwood, FL from David & Philpot, PL to handle your case. We are passionate about getting you the treatment and settlement that you deserve. With [YEARS] of experience in fighting for compensation for our clients, we are trusted product liability lawyer in Longwood, FL. A product defect lawyer can help you figure out your next steps. Give us a call today to schedule a consultation.
In these cases, a key element in a successful claim is being able to prove that the consumer did not misuse the product. These cases can actually be more difficult for plaintiffs because, unlike a defective design case, there is no corroborating evidence from other injured parties. If you believe that you were injured due to a defectively manufactured product, it’s recommended that you speak with a product liability lawyer Longwood, FL residents trust from David & Philpot, PL about your case.
When an Automated Product Causes a Personal Injury
Automation is remaking the world. Siri, self-driving cars, and Google Assistant are but a few examples of ways in which artificial intelligence is being integrated into day-to-day life.
Importantly, just as humans have a responsibility to act in accordance with laws and norms, so do the companies and individuals who manufacture, design, or direct automated products. This is the case in every sphere of life in which artificial intelligence is utilized, including transportation, sanitation, security, and the service industries. If you are harmed by an automated product, as was a case in Arizona when a pedestrian was struck and killed by a self-driving car, you may rightfully seek legal damages from the owner, operator, or designer, depending on the nature of event and injuries. A product liability lawyer in Longwood, FL from David & Philpot, PL can evaluate your case to see if your accident was the result of a defective product.
Automation-Related Accidents May Be Caused by Design or Negligence
As a Longwood, FL product liability lawyer can explain, when a human injures another human, the legal cause of action that is created is typically either negligence or intentionally wrongful conduct (e.g. assault). Negligence is the breach of a duty owed that actually and proximately causes damages. This legal doctrine may still be applicable when an automated product injures a human being, but the context is one of products liability rather than personal conduct.
Obviously, it does not make sense to subject a robot, self-driving car, or other embodiment of artificial intelligence to civil or criminal liability. The proper focus, rather, is the operator, manufacturer, designer, or retailer of the product. Such a distinction places artificial intelligence-related harms within the province of products liability law. This is why the ride-sharing company that was testing and utilizing the self-driving car that caused a pedestrian death was held legally responsible. In this specific instance, the harm suffered was what the law terms a “wrongful death.”
Types of Compensation Available for Personal Injury Victims
As ambitious entrepreneurs test and introduce automated products into daily life, accidents, injuries and even deaths, at least for the time being, are an unfortunate inevitability. If you have been injured or lost a loved one because of an automated product, you may seek legal compensation for your medical bills, lost income due to missed work, pain and suffering, and other losses. In holding an operator, designer, manufacturer, or retailer responsible, rely on an experienced product liability lawyer Longwood, FL clients recommend from David & Philpot, PL. Call our office today to set up a free and confidential consultation and discuss what your legal options may be.